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La patrimonialisation du corps humain

Abstract : French law has trouble with the idea of classifying the human body as a « thing », alongside other legal objects. In the French legal tradition, the body is presented as an element completely inseparable from the physical person; according to it, « The body is the person ». As science advances, however, this assimilation of the body by the person faces confronts a more modern reality. Science’s spectacular progress in the domains of biology and biotechnology have considerably changed its purview. More usable to itself - and to others - with each passing day, the body has become a resource: a conglomeration of elements and products susceptible to being transformed, created, and harvested. The contradiction which arises from the confrontation of these facts with the body’s traditional legal status forces us to question once again what the body is. Today, the confusion about this subject is so great that the answer to this question is uncertain. If the distinction between persons and things is the foundation of the French legal system, the boundary separating these two categories has become permeable. The law is now confronted with in-between entities, wavering between « person » and « thing », « to be » and « to have », without knowing well what belongs where. The state of things calls now more than ever for an investigation into the method with which legal science adopts these new challenges. From the human body to the robot, from the embryo to the animal, lawyers are still striving to clarify their legal concepts.
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Submitted on : Thursday, March 19, 2020 - 12:26:16 PM
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  • HAL Id : tel-02512101, version 1



Nicolas Masquefa. La patrimonialisation du corps humain. Droit. Université d'Avignon, 2019. Français. ⟨NNT : 2019AVIG2065⟩. ⟨tel-02512101⟩



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